Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court

Appellant Has Been Subjected to Cruelty at the Hands of Respondent-Wife: Delhi High Court Grants Divorce on Grounds of Cruelty

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court granted a divorce to the appellant, Pramod, on the grounds of cruelty by the respondent, Umesh @ Poonam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The Court focused on the concept of cruelty in matrimonial life, as defined by various Supreme Court judgments. The assessment revolved around whether the conduct of one spouse subjected the other to mental or physical cruelty, sufficient to disrupt marital obligations.

The appellant, Pramod, married the respondent in 2007, facing a tumultuous marital relationship marked by allegations of dowry demand, physical abuse, and frequent abandonment of the matrimonial home by the respondent. The case involved considerations under Sections 498A, 323, and 406 of IPC, with the appellant seeking dissolution of marriage citing cruelty.

The Court extensively reviewed testimony and evidence, examining instances of marital discord, living arrangements, and the impact of uncorroborated allegations. The appellant’s efforts to maintain matrimonial harmony and the respondent’s resistance were noted, alongside the respondent’s repeated departures to her parental home. The Court took into account the acquittal of the appellant in the dowry demand case and recognized the mental strain and reputation damage inflicted upon him by these grave but unsupported allegations.

The High Court set aside the Family Court’s judgment, concluding that the appellant had indeed been subjected to cruelty by the respondent. The Court thereby granted the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

Date of Decision: March 01, 2024.

Xxx vs xxx

Latest Legal News